Clinton Reworks Gun Ban Near Schools

May 11, 1995|The Washington Post

WASHINGTON - — President Clinton on Wednesday sent Congress legislation that would allow the reinstatement of a law banning guns in and around schools that was struck down as unconstitutional last month by the Supreme Court.

Following through on a promise Clinton made days after the April 26 decision, the White House said Justice Department attorneys have drafted language that they think will satisfy the court's objections.

In a 5 to 4 decision, the court struck down a 1990 law banning guns within 1,000 feet of schools because the federal government had not established how such a prohibition fell under its jurisdiction to regulate interstate commerce.

Under the administration's proposed language, prosecutors could not convict accused offenders without first proving that the firearm had crossed state lines or that "the possession of such firearm otherwise affects interstate or foreign commerce."

"I am committed to doing everything in my power to make schools places where young people can be secure, where they can learn, and where parents can be confident that discipline is enforced," Clinton, who was traveling in Russia on Wednesday, said in a statement released by the White House. "We are prepared to work immediately with the Congress to enact this legislation. I urge the prompt and favorable consideration of this legislative proposal by the Congress."

The fight over a federal gun ban is at least partly symbolic, since more than 40 states already have similar laws on the books. But White House officials said federal prosecuting power would still be useful in many cases.

Last month's decision attracted wide notice because for decades justices have taken a broad interpretation of federal power to regulate under the Constitution's interstate commerce clause.